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Home My WebLink About2010-01-05 PC Packet AGENDA MAPLEWOOD PLANNING COMMISSION Tuesday, January 5, 2010 7:00 PM City Hall Council Chambers 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. November 17,2009 b. December 1, 2009 5. Public Hearings a. Home Occupation Request for Hair Salon-Joan Vellieux, 2316 Hoyt Avenue 6. New Business 7. Unfinished Business a. 2030 Comprehensive Plan Update-Final Review by Planning Commission Prior to Adoption b. Conditional Use Permit/Planned Unit Development Ordinance Amendment 8. Visitor Presentations 9. Commission Presentations a. Commissioner Reports: At the December 14, 2009 city council meeting, the council reviewed the T- Mobile Cell Phone Tower proposal. There was no commissioner scheduled to attend since this item had not yet been scheduled for council review when the planning commission last met. Staff will report. b. Upcoming City Council Meeting of January 11, 2010. Commissioner Walton was scheduled to attend. Due to his resignation from the planning commission, the next commissioner in line is Mr. Desai. At this time the potential PC items for review are: the home occupation for the hair salon at 2316 Hoyt Avenue, the 2030 comprehensive plan update discussion for final approval and the resolutions of appreciation for Mr. Hess and Mr. Walton. 10. Staff Presentations a. Annual Review of Planning Commission Rules of Procedure 11. Adjournment DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 17, 2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Absent Present Present Present Present Absent Present Absent Absent City Staff Present: Tom Ekstrand. City Planner Michael Martin. Planner III. APPROVAL OF AGENDA Commissioner Hess moved to approve the agenda as presented. Commissioner Trippler seconded The motion passed. IV. APPROVAL OF MINUTES a. October 20, 2009 Ayes - all Commissioner Boeser moved to approve the minutes of October 20, 2009 as submitted. Commissioner Hess seconded The motion passed. V. PUBLIC HEARING None Ayes - Fischer, Hess, Martin, Trippler Abstentions - Desai The commission decided by consensus to rearrange the agenda to consider Item 7.a.-Unfinished Business - Conditional Use Permit- T-Mobile Cellular Phone Tower before Item 6.a.-New Business. Planning Commission Minutes of 11-17-09 -2- VI. UNFINISHED BUSINESS a. Conditional Use Permit- T-Mobile Cellular Phone Tower, 1961 County Road C Planner Tom Ekstrand presented the staff report for the request from T-Mobile to erect a 75- foot-tall wireless telecommunications tower for cellular telephone operations on land leased from Independent School District No. 622 at the Harmony Learning Center located at 1961 County Road C East. The pole would be located where a 30-foot light pole currently exists within the school's parking lot. Pat Conlin of FMHC and representing T-Mobile, 7400 Metro Drive, Edina, Minnesota, addressed the commission. In response to commissioners' comments, Ms. Conlin said the water tower is located too far south to locate the cellular tower and that the school district is not interested in moving the tower to another location on their property or in having an access road constructed on their property. Ms. Conlin said the school district would allow a taller tower to be constructed on the site. Ms. Conlin said the church site does not have the possibility of replacing an existing light pole on church property. Commissioner Martin moved to open this item for visitor comments from Linda Olson. Commissioner Hess seconded Ayes - all The motion passed. Linda Olson, an adjacent neighbor at 2005 County Road C East, said she has taken photos of every cell phone tower in the city. Ms. Olson said all of the towers in the city are located near property lines, fencing, dumpsters or have some kind of protection around them. Ms. Olson asked the commission not to allow any taller tower than what is being proposed. Commissioners felt the tower location was not favorable and questioned why staff is recommending approval at the proposed site. Staff responded that this request meets the criteria of the city ordinance. The commission discussed other possible locations for the tower and the possibility of creating a specific site for locating cell towers. Commissioner Trippler moved that staff ask the applicant to look at relocating the tower to the church property and if the church cannot reach an agreement with the applicant, then to go ahead to adopt the resolution approving a conditional use permit for this proposed 75-foot-tall wireless telecommunications tower and ground equipment. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The community development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This conditional use permit is conditioned upon T-Mobile allowing the collocation of other providers' telecommunications equipment on the proposed tower. T-Mobile shall submit a letter to staff allowing collocation before a building permit can be issued. Planning Commission Minutes of 11-17-09 -3- Commissioner Desai seconded Ayes - Desai, Fischer, Martin, Trippler Nay - Hess The motion passed. Mr. Hess said he voted no because he does not like these kinds of towers in a residential and school area. Commissioner Martin moved that city staff explore a comprehensive microwave transceiver tower plan for the City of Maplewood. Commissioner Trippler seconded The motion passed. Ayes - all VII. NEW BUSINESS a. East Metro Regional Fire Training Facility-Informational Presentation Fire chief Steve Lukin explained a proposal for a multi-jurisdictional partnership for a fire training facility. Chief Lukin explained that a partnership of local fire departments and public safety organizations is proposing to build and operate the East Metro Regional Fire Training Facility. Chief Lukin said the facility will be funded and managed through a joint powers agreement of the partners. Chief Lukin said they have been working on the environmental issues with Ron Cockriel. Ron Leaf of SEH Engineering gave a presentation explaining the site features and environmental aspects of this proposal. Mr. Leaf said the wetlands have been reviewed in detail to improve the quality of the wetlands on this site. VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. City Council Meetings of October 26 and November 9, 2009: There were no commission items. b. City Council Meeting of November 23, 2009: Commissioner Boeser is scheduled to attend. X. STAFF PRESENTATIONS Planner Ekstrand updated the commission on the commission's election of officers procedures. Planner Ekstrand explained that the code amendment relating to officer elections in the Rules of Procedure has already been approved by the city council, so there is no need to proceed with an ordinance revision. Commissioner Trippler recommended that the ordinance be amended to add language into Sec. 2- 248 (c) of the ordinance stating that planning commissioners whose appointments have expired may continue to serve on the planning commission until they are either reappointed or replaced by the city council. XI. ADJOURNMENT The meeting was adjourned at 8:43 p.m. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD BEAST, MAPLEWOOD, MINNESOTA TUESDAY, DECEMBER 1, 2009 I. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. II. ROLL CALL Commissioner Joseph Boeser Vice-Chairperson Tushar Desai Chairperson Lorraine Fischer Commissioner Harland Hess Commissioner Robert Martin Commissioner Gary Pearson Commissioner Dale Trippler Commissioner Joe Walton Commissioner Jeremy Yarwood Absent Present Present Present Present Present Present Present Present City Staff Present: Tom Ekstrand. City Planner III. APPROVAL OF AGENDA Commissioner Hess moved to approve the agenda as amended, adding items 6.(a.) Interview Questions for Planning Commission Vacancies; 10.(d) Commission Handbook Appendix Materials; and 10.(e) Nature Center Calendar. Commissioner Desai seconded Ayes - all The motion passed. IV. APPROVAL OF MINUTES None V. PUBLIC HEARING None VI. NEW BUSINESS a. Interview Questions for Planning Commission Vacancies Planner Ekstrand presented sample questions for the commission's review to be used by the council for commission vacancy interviews for new and existing applicants. The commission suggested that some of the questions would be better added to the written application to avoid redundancy. The commission also made minor changes to the questions. Staff said the changes will be made to the questions, along with their suggestions and forwarded to the city manager. Planning Comrnission Minutes of 12-01-09 -2- VII. UNFINISHED BUSINESS a. Conditional Use Permit/Planned Unit Developrnent Amendment Planner Ekstrand presented the staff report saying that the commission reviewed this ordinance in July and directed staff to make revisions and to then bring the ordinance back to the commission. Planner Ekstrand then reviewed each of the commission's requested changes that were made by staff. The commission discussed this amendment and directed staff to make additional changes and again bring it back for the commission's review before forwarding it to the city council. VIII. VISITOR PRESENTATIONS None IX. COMMISSION PRESENTATIONS a. City Council Meeting of November 23, 2009: There were no commission items. b. City Council Meeting of December 14, 2009: Commissioner Pearson is scheduled to attend. X. STAFF PRESENTATIONS a. 2010 Council Meeting Schedule for PC Representation Planner Ekstrand provided the commissioners with a copy of the 2010 council meeting schedule for planning commission representation. b. Comprehensive Plan Update Status Report Planner Ekstrand updated the commission on the comprehensive plan update. Commissioner Trippler suggested looking at each of the zoning types singly and apply it the same throughout all 13 neighborhoods in order to provide consistency throughout the city. Mr. Trippler also suggested that to begin the follow-up work staff look at the various zoning types and determine those that are the least controversial for commission consideration first, working to the most controversial types at the end. The commission and staff concurred. c. December 15 Planning Commission Meeting Since no items were scheduled for this meeting, the commission decided by consensus to cancel this meeting. d. Commission Handbook Appendix Materials Planner Ekstrand distributed commission handbook appendix materials. e. Nature Center Calendar Planner Ekstrand distributed copies of the nature center calendar. XI. ADJOURNMENT The meeting was adjourned at 8:20 p.m. MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Home Occupation License Joan Vellieux 2316 Hoyt Avenue December 17, 2009 SUBJECT: APPLICANT: LOCATION: DATE: INTRODUCTION Project Description Joan Vellieux is requesting a home occupation license to start and operate a hair salon in her home at 2316 Hoyt Avenue. Please see applicant's home occupation questionnaire attached to this report. A home occupation is any business that a resident runs from their property. The business must be secondary to the residential use of the property. The City requires a license approved by the City Council if any of the following activities occur more than thirty days each year on the property: 1. Employment of a nonresident. 2. Customers or customers' vehicles coming to the property. 3. Manufacture, assembly or processing of products or materials. 4. Parking more than one vehicle used in the home occupation which the City classifies as a light commercial vehicle. A light commercial vehicle has a payload rating of 3/4-ton or less and a snowplow, glass carrier, crane or similar commercial attachment. 5. Parking a vehicle used in the home occupation which exceeds a 3/4-ton payload capacity. 6. The business produces any waste that should be treated or regulated. DISCUSSION Hair Salon Business The applicant's business would be cutting, styling, perming and coloring hair of individuals. Ms. Vellieux would be using a portion of the basement in her home as the hair salon. She also would be using a sink in the basement for the hair salon. Ms. Vellieux will be living in the home and would be the only employee in the home occupation. The applicant states that she would receive customer visits in the afternoon and early evening, and she expects about 20 customers per week. Neighborhood Comments Of the 54 neighbors the city surveyed, staff received 15 written replies. Four had no comment, while the remaining 11 were supportive of the proposal. If the city approves the hair salon business, the city's home occupation ordinance allows only residents of the home, plus one outside employee, to be employed within the business. Ms. Vellieux has indicated to staff that she will be the sole employee. In addition, the city council may place conditions on the business to ensure that surrounding residential properties are not negatively impacted. DEPARTMENT COMMENTS Fire Marshal's Comments Maplewood's Fire Marshal Butch Gervais had the following comments on this proposal: . Provide a five-pound ABC dry chemical fire extinguisher Police Department's Comments Maplewood's Deputy Chief Dave Kvam had the following comments on this proposal: "I've examined the project review for this proposed chance and can see no public safety impact. The only foreseeable problem would be related to parking, and the complaints which come if streets are not passable or driveways and mailboxes are blocked, however, it appears parking is to be limited and off-street." Building Official's Comments Maplewood's Building Official Dave Fisher had the following comments on this proposal: . This is a single family home and exempt from accessibility rules . If there is any new building, plumbing or electrical construction a permit and inspection would be required . Recommend a fire extinguisher in salon area . Verify smoke detectors are throughout the dwelling to code SUMMARY The city council has approved home occupation licenses for hair salons in the past. There are now two hair salon home occupations in operation in Maplewood - one on Leland Road and another on Maryland Avenue. Although many home occupation requests generate concerns from neighbors, our office has found hair salons to be a good fit in residential neighborhoods. In addition, we have not received complaints about them. 2 RECOMMENDATION Approve the home occupation license for Joan Vellieux of 2316 Hoyt Avenue to have a hair salon in her home. This approval shall be subject to the following conditions: 1. Meeting all conditions of the city's home occupation ordinance. This includes that the area of the home occupation is limited in size to 20 percent of the floor area of the house. 2. Customer hours for this home occupation are limited from 9 a.m. to 9 p.m., Monday through Saturday. 3. There shall be no more than 25 customers visiting the home per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five-pound ABC dry chemical fire extinguisher in the room. 3 CITIZEN COMMENTS Staff surveyed the owners of 54 properties within 500 feet of this site and received 15 written replies. The written replies were as follows: For 1. This is OK with us. (Zaffke - 1540 McKnight Road) 2. I do not have any objections to this operation! (Mueller - 1568 Myrtle Street) 3. Do to the fact that the Vellieux family is a responsible component of this community, neither my wife or I preview any difficulty with the setting of a hair salon at home as requested. Therefore, we agree that Ms. Vellieux should be allowed to move forward with her plans. (Serrano - 2296 Hoyt Avenue) 4. We have no problem with her proposal. (Mohrlant - 2303 Montana Avenue) 5. I see no reason to object to this permit. It would be nice to have a place close by to have my hair done. (Clos - 1580 Myrtle Street) 6. Her business idea sounds good for the neighborhood. (lNarndahl- 1600 Myrtle Street) 7. I approve of Joan Vellieux opening a hair salon out of her home. I'm always looking forward to new businesses opening in this area. (Miller - 2321 Montana Avenue) 8. I think this is a great opportunity for my neighbor and she has a business plan, which will cause only minimal impact to the neighborhood. I encourage you to approve her application. (Schroder - 2320 Hoyt Avenue) 9. We support her efforts to start a business. (Stephanie -1628 McKnight Road) 10. We have only one - we wish Joan the greatest success in her new venture. (Simmer- 1605 Myrtle Street) 11. At the stated scale, it seems to be non-disruptive to the neighborhood and an acceptable use of her house. (Tolstad -1531 Currie Street) NO COMMENT 1. No comment. (Kraft - 2306 Hoyt Avenue) 2. No comment. (Simon -1579 Myrtle Street) 3. No comment. (SWS Real Estate LLC - 2276 Hoyt Avenue) 4. No comment. (Mudgett - 1567 Myrtle Street) 4 REFERENCE INFORMATION SITE DESCRIPTION Existing Land Use: Single-Family Home SURROUNDING LAND USES Single-family homes to the south, east and west Undeveloped lot directly to the north PLANNING Existing Land Use Designation: Existing Zoning: Single Dwelling Residential Single Dwelling Residential CRITERIA FOR APPROVAL Section 14-56 of the city code lists the requirements for approval of a home occupation license. These requirements are attached to this report. Application Date The city received the complete application for a home occupation license on November 19, 2009. The 60-day review deadline for a decision is January 18, 2010. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. P:\SEC24-29\2316 Hoyt - Home Occupation\2316 Hoyt_Home Occupation Attachments: 1. Location Map 2. Home Occupation Questionnaire 3. Floor Plan 4. Home Occupation Ordinance 5 Attachment 1 2316 Hoyt Ave - Request for Home Occupation License 1,~~~\ \~} '1"'9 5 ( 1,~ I 'j' . \ I' :'. ''/41'1 Ifflb ~,n1041 Ii: ,r: 1641 :::\ ~~ 1~; C"~ 1:7 I ~A~ -(s- 11""17 ;;_' i~~25 1fi 1028 ],'~: I :-1~ ":,""" 16fl? ',~.. 1'}lh 1~41 : 1Bi\' 1'.f4J, It 1~ 'l . J' ,~J., ::~ 1600 u ~ 1,~ I" '_l" 1615 1616 r] LJ."!",~ ! 1580 -X / U },! 16D5 ~ 1~ I_h '. ~ ~ ::~ ( '<% _!/f ~ IJ ",b," ! 1572 E,," Y '\ ,",,/-,, 1595 1592 ~:: ~ :: 1562 2317"-, 'J!" :~' '""L: , 15<01', III :r: Ir ,EY ~ ~ ~; 1579 1580 r~75 ::::" i ~1e;lci,ld'i ~!~ ~~.Jt' '~~ ~ "f(' ~ 11) '!}i i [~! ~;.~ ~(~;' ILl] Li! ~~ 2;:1;:~!ve ~~1 1,5;iJ "'-. t:i :li.. ,:;c ~, !t;:! I ~ r~l " tl,17,' L<:!:f1 152.d,. ~~, 1~ I ~ \'.5f'3 ' 1~ ' i"\ f- it, I;~I u \:) \\_,/-' , ~ ,.ill n ,I "~r "~,, ;: 1~1.i'>, / ~ ',1S! 1" ~-: ~'r~ ; \~~"!K~~' 'li~ftL. '~ ~ to fJ ~ f1L.lr ~~ " I N I It \ ~', I R I R ". ,u ""J I h ~ -~ :1ri-li;;i,IL~ 11i5JI'" 1''")1 h~, ParIL :.~j llL ~ 1'4f, 1 r~'I\ \ ' 1514 1500 t Figure One - Location Map City of Maplewood December 7,2009 NORTH 11. Attachment 2 HOME OCCUPATION QUESTIONNAIRE (Attach a separate page if additional space is needed) 1, Describe your home occupation: iiz~/ll al(~!bfiAr . lJ.?T" 2, How many nonresident employees would work on-site? nonresident employees would work ofFsite? 0 ernployees visit your home? 0 (J How many How often wouid off~site 3, What peroentage of eaoh level of your horne's floor area, including the basement, wculd you use in condudingthehome occupation? 1.5- If) ,Ql7"'7t> ?! j!/t14.!"""~1~J/ (l;n~' If the business would beinan accessol'jbuiiding, what percentage olthat structure's floor area would be used? (:> 4. 5. Wher, on the premises wou d the home occupation be conducted? 6. Describe any changes in the outside appearance of the building or property, other than one wall-mounted sign of not rnorethantwosquarefeet? . 4- /Y2!'r'd a-nd ",nod' ,/-JLtnJ u./d'Y /-Y'O'?1jYU-~C!l What percentage of gross sales would come from the sale of a product(s) produced off- site? ~O 7. 8, Howmany ouslomer or employee vehideswould be parked on the premises atanyone time? . 'if i1 ~ d ~ -f, "..,t- Ifl flq /m$L ttVOd/mP7vJi if tJjf ~!~ Describe the type, payload capacity and number oleaoh type of vehioie to be used in the home occupation and where they would be parked, 9, 10. Whalwouldbe lhe average number of oustomersexpected to visilthepremises each week? gO The average number of employee/subcontractor visits to the premises each week? () What time of day and which days of the week would you expect theseVisi~ oocur? .' f'fYU' rll1.if Ie) iJ.t'l-nlAl'D Describe any delivery vehicles that will make deliveries or ship produots from the property. InolUde the ty e, amounlfhours and frequency of deliveries, j . j .,..f- ~ /Z:0'V lU-:;. . }'-{!lla!.L:J ?bl "f" IV. rUi /P..ff2V 5 12, Describe the type of equipment, including ventilation systems, which would be used, Describe hoW you would keePm'!iJ wle of this equipment unnoticeable to,your , / 4 neighbors. . 1 kILL- ,tu&?:L Lo.e l'RiJgfrt~/l/Pl.e./!/b /f1A}-.tL"..L-<:U--~A.; ~/dU' /YUV)fd-'CUJ. 13, Describe the amount and type of any chemicals, gasoline, hazardous substances or similar material that would be used. A so, describe where these materials will b slored m w, '1..t.tJ, 14. vv Lhul'v. 1t/ ~I 7! ~ '~(::!y Revised: 12/08 Plcom _ dvptlwordlhomeocc.app2009 6 I --L CD " ~ 14'-6" Attachment 3 13'-or' I c~ ~T)- 11 i CD ~ I~ q -"; 8'_6" 9'_0" JOB NAME: No Job Name PAGE: 214 SESS: 2 OUTPUI: Ille Apr 8 12:31:102003 /llfsl/pubdocs/mcc/3! I] 217 tull Attachment 4 ~ 14-29 MAPLEWOOD CODE Sec. 14-29. Suspension and revocation. (a) Generally, The city council shall have the power to suspend or revoke the license of any person liefmsed under this Code \vhose \\'ork is ic)Und to be improper or defective or so unsafe as to jeopardize life or property, providing the person holding such license is given 20 days' notice and granted the opportunity to be heard befhre such aetion is taken. If and when such notice is sent to the legal address of the licensee and he fails or refuses to appear at the hearing, his license will be automatically suspended or revoked five days after the date ofthe hearing. (h) Period of suspension. Vlhen a, license is suspended under subseetion (a) of this seetion, the period of suspension shall be not less than 30 days nor more than one year, such period being determined by the city council. (c) Nlandatory revocation for certain Code violations. vVhen any person holding a license issued under this Code has been eonvieted fhr the seeond time by a eourt of eOlnpetent jurisdietion for violation of any of the seetions of this Code relating to the subjeetmatter oft}H.~ license, the eity council shan revoke the lieense of the person so convieted. Such person may not make applieation for a new lieense fhr a period of one year. (Code 1982, ~~ 17-4-17-6) Sees. 14-30-14-55. Reserved. DIVISION 2, HOME OCCUPATIONS Sec. 14-56. License requirements. (a) HOIrH.~ oeeupations shaHn~quin': a lieense approved by the eity eouneil if any of t}H.~ following eireumstanees would oeeur more than ~30 days eaeh year: (1) Employment of a nonresident in the home occupation. (2) Customers or eusto"",rs' vehides on the pI'mnises. (8) 1\i[anufaetun\ assembly or proeessing of produets or materials on the prmnises. (4) 1\,1"ore than one vehide assoeiated .with the houw oeeupation whieh is dassified as a light eOlnmereial vehide. (5) A vphide used in the home oeeupation, and parked on the premises,whieh exeeeds a three-quarter- ton payload capacity. (6) If the home occupation produces any waste that should be treated or regulated. (b) HOIrH': oeeupations :n~quiring a lieense shaH be subjeet but not limited to the f()Howing requirements: (1) No traffie shaH be generatpd by a hOlne oeeupation in greater volumes than would normally be expected in a residential neighborhood. The need for off-street parking shall not exeeed more than three off-street parking spaees f(JI' houw oeeupation at any given tirrw, in addition to the parking spaees requin,:d by the residents. CD14:14 JOB NAME: No Job Name PAGE: 215 SESS: 2 OUTPUT: Tlle Apr 8 12:31:102003 /llfsl/pubdocs/mcc/3! I] 217 full BUSINESSES AND LICENSING Si 14-57 (2) No HlOre than one nonresident employee shall be allowed to work on the premises. Nonresident employees who work off the premises may be allowed to ,i.sit the pn::mises. If an on-site employee is parking on site, off. site employees shan not leave their vehie1es on site. Ifther8 is no on-site employee vehide parked on site, one ofJ-site employee vehicle may be parked on site. (3) No vehicle associated with the home occupation, including customers or employees, shall be parked on the street or block sidewalks or public easements. Private vehicles used by the residents shall not be included in this subsection. (4) An area equivalent to no more than 20 percent of each level ofthe house, including the basement and garage, shan be used in the condud of a houw occupation. (5) There shall be no ehange visible oft'the pn::mises in thp outside appearanee of thp building or premises that would indieate the conduct of a home occupation, othpr than one sign meeting the rpquirpments of the eity sign eode in ehapter 44, artide IlL (6) No more than 20 percent of business income shall come from the sale of products produeed off site unlpss approved by the eity eouneiL (7) No equiprrwnt or proeess shan be used in sueh homp oeeupation whieh en::atps noist\ vibration, light, glare, fumes, smokp, dust, odors or eleetrieal interfprenee detectable to the normal senses off the lot. If eleetrieal interferenee oeeurs, no equipment or proeess shall be used which creates visual or audible interference in any radio or television n::eeivers off the premises or eauses fluctuations in line voltage oft'the premises. (8) TIwre shall be no fire, safety or lwalth hazards, (9) A home oc""pation shall not inelude tlw wpair of internal combustion engines, body repair shops, spray painting, maehine shops, welding, ammunition nUlnuf:ilcturing or sales, the sale or manufacture of firearms or knives or other objeetionable uses as determirwd by the eity. IVraehirw shops are defined as plaees where raw metal is fabrieated, using machines that operate on more than 120 volts of current. (10) Any noncompliance with this subsection shall constitute gTounds for the denial or nwoeation of the home oeeupation liefmse. (11) TIw eity may waive any of these requirements if the home oeeupation is loeated at lea,st 350 feet from a residential lot line. (12) The city council may add any additional requirements that it deems necessary to ensure that the operation of the home oeeupationwill be eompatiblewith nearby land uses. (Code 1982, Si 17-21) Sec. 14-57. License application approval procedure. An application for a home occupation shall be filed with the director of community dtwelopnwnL Upon reeeipt of a, eomplete applieation, the direetor of eorrlInunity devdopmtmt shall prepan:: a reemnmendation to the planning eorrlInission. The planning eommission's CD14:15 JOB NAME: No Job Name PAGE: 216 SESS: 2 OUTPUT: Tlle Apr 8 12:31:102003 /llfsl/pubdocs/mcc/3! I] 217 full ~ 14-57 MAPLEWOOD CODE recommendation shall be fOr\varded to the city council for a public hearing. TIw (ity council shall hold a public hearing on the request. Notice of the hearing shall be mailed to the owners of all propmi:ies located within a50 feet oftl", horrm occupation at least ton days prior fo the date of the hearing. The notice shaH also be published in the official newspaper at least ten days prior to the date of hearing. (Code 1982, ~ 17-22) Sec~ 14-5K License renewal, revocation. (a.) Each person holding a licfmse to eonduct a home oceupation shall apply to the city derk ea,eh ~January for renewa.1. Prior to issuance of a license renewal, the city shaH determine that al11icensing conditions and city ordinances are being met. (b) The city clerk shall revoke the license where compliance with the licensing conditions or city ordinances cannot be obtained or "vhere the home occupation has been discontinued. Revocation may occur at any time that compliance with license conditions or eityordinances cannot be obtained. (Code 1982, ~ 17-2:3) Sec. 14-59. Appeal of license revocation. The ovvner or his assign of a home occupation whose license has been revoked by the city derk Inay appeal the decision to the eity counciL To request an appeal, a written letter or request must be submitted to the city clerk within ao days of the license revocation. The city council may revoke, approve or add additional eonditions to the HCfmse. The city council shall hold a public hearing, using the notification procedures in section 14-57, before deciding on the appeal. (Code 1982, ~ 17-24) Sec. 14-110. Transfer of license. No license b:rranted for a houw oeeupation shall be transferable from person to person or place to place. (Code 1982, ~ 17-25) Sees. 14-61-14-85. Reserved. ARTICLE III. ADULT USES AND SEXUALLY ORIENTED BUSINESSES DIVISION 1. GENERi\LLY Sec. 14-86. Findings and purposes. (a) The purpose of this article is to control, through licensing and zoning regulations, eertain land uses that have a direct and detrimental eft('~ct on the character of the citis residential and cmnmercial neighborhoods. CD14:16 MEMORANDUM TO: FROM: James Antonen, City Manager Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director 2030 Comprehensive Plan Update December 22, 2009 SUBJECT: DATE: INTRODUCTION The Metropolitan Council has completed its review of the City of Maplewood's draft 2030 Comprehensive Plan. At the Metropolitan Council's December 9, 2009 meeting, the council voted to authorize Maplewood to officially adopt the draft plan. Although the plan is now ready for the dy council to adopt, staff wanted to bring the document to the planning commission for a final review of the changes. This memo will outline actions the city council took and modifications to the plan that the Metropolitan Council required. DISCUSSION City Council Action At its meeting on December 8, 2008, the city council voted to establish density ranges for the Rural/Low Density Residential designation and the Low Density Residential designation. The council agreed with the planning commission's recommendation of 0.5 to 1.5 units per acre for the Rural/Low Density Residential designation. The planning commission had recommended the density range for the Low Density Residential designation to be 1.6 to 4.0 units per acre. However, the city council did vote to establish the density range for the Low Density Residential designation to be 2.6 to 6.0 units per acre. Just for clarification purposes, below are the city council approved residential density ranges: . Rural/Low Density Residential: . Low Density Residential: . Medium Density Residential: . High Density Residential . Mixed Use At the June 1,2009 meeting, the city council voted to submit the plan to the Metropolitan Council for official review. At this meeting the council also reguided three parcels from Commercial to Medium Density Residential. These three parcels are pictured to the right. The parcels are located south of County Road C and west of Highway 61. The parcels are to the north of an existing manufactured home park which is also designated medium density. 0.5 - 1.5 Units per Acre 2.6 - 6.0 Units per Acre 6.1 - 10.0 Units per Acre 10.1 - 25.0 Units per Acre 6.0 - 31.0 Units per Acre Changed from Canmercial to Medium Density Residential Metropolitan Council Required Changes After the June 1,2009 city council meeting staff submitted the comprehensive plan to the Metropolitan Council for its official review. The Metropolitan Council reviewed the plan for conformance to regional systems plans, consistency with Metropolitan Council policies and compatibility with the plans of adjacent and affected governmental units. The Metropolitan Council found Maplewood's plan to be compliant in all three areas, but did request that some modifications and additions be made to the plan. Changes that were made to the plan are outlined below and organized by chapter and include page number where the change can be found. Chapter 2 - Community Profile Existing Land Use - The Metropolitan Council requested an updated Figure 2.1 to display existing land use, instead of the city's current land use plan map. Forecasts - The Metropolitan Council asked the city to use a revised set of population and household forecasts. The revised forecasts were a direct impact of the 2007 approved Gladstone Area Plan and had already been approved by the City of Maplewood. The increases are marginal and do not impact any of the policies set by the comprehensive plan. The updated tables can be found on pages 2-1 and 2-2. Chapter 5 - Land Use Land Use - Clarifying language has been added to the Mixed Use and Rural/Low Density Residential categories as requested by the Metropolitan Council. The added language for the Rural/Low Residential designation is "If appropriate densities are achieved in new developments, they will be sewered" and can be found on page 5-15. The added language for the Mixed Use designation is "This district would lean residential, with at least 50 percent of development being residential in nature" and can also be found on 5-15. Aggregate Resource Protection - A map of the city's aggregate resources has been added to the land use chapter. Along with the map, there is language that sets policy towards those resources. This can be found on page 5-18. Aviation - On page 5-18, language has been added that addresses protection of the region's general airspace. Implementation - On pages 5-20 through 5-22 language has been added regarding implementation of the comprehensive plan. Chapter 8 - Transportation Forecasts and Transportation - The Metropolitan Council requested Table 8.1 be updated using revised forecasts. Also language on page 8-6 has been updated to correctly state the plans for the Rush Line corridor. Appendices Implementation - The city's 2010-2014 Capital Improvement Plan has been added as Appendix B. Also, the inclusion of this appendix is referenced in the table of contents and on page 5-20. Next Steps The city council will consider formal adoption of the plan at its meeting on January 25, 2010. After the plan is formally adopted, the city has nine months to update its official controls. At the next planning commission meeting, staff will outline what updates are needed and present a preliminary schedule. RECOMMENDATION Review the draft 2030 comprehensive plan and attachments. No action is required. Attachments: 1. Metropolitan Council letter, dated December 11, 2009 2. Draft 2030 Comprehensive Plan, dated December 22,2009 (separate attachment CD) Attachment 1 December II, 2009 Michael Martin, Plmmer City of Maplewood 1830 County Road BEast Mapkwood, MN 55109 RE: Ma.plewood 2030 Compreh.msive Plan ~ Fina] Action Metropolitan Council Review File No. 20628.1 Metropolitan Council District II, Georgeanne Hilker Dear Mr. Mmiin: The Metropolitan Couflcilcon,pletedits review of the City of Maplewood2030 Comprehensive Plan(Update} The Couneilb"sed its reviewonthe.staffs report and analysis (Business Item 2009"413, attached). At its December 9, 2009 ,meeting, the Council found that the Update meets all of the Metropolitan Land Planning Act requirements;confonns to the regional system plans for transpOliation, waster resoureesmanagement, and parks, is consistent with the 2030 Regional Development Pramework; and is compatible with the plans of adj acent and affected jurisdictions. Therefore, the City may place the Update into effect. The Council adopted the Advisory Comments and Review Record in the staff report and adopted the following actions: Authorize the City of Maplewood to put its 2030 Comprehensive Plan Update into effect. Advise the City to: I. Implement the advisory comments for Transportation and Mississippi River Critical Area, 2, Participate in the Council's activities to monitor redevelopmcnt in developed commnnities, 3. Approve the City of Maplewood's Tier II Comprehensive Sewer Plan, Please consult the attached staff report for important information about the next steps that the Cityshonldtake..Of particular importance are the. Council's actions found on the flrst page, general Advisory Comments found on Page 2, and specil1c comments for technical areas found in the body of the report, \'1\\,,\\' ,JtH;lj'()C(l(iI'K'l!,{}tg I\()bcrt Strcd NOJtJJ iv' Michael Martin, Planner Decenlber .11 , 2009 Page 2 TfYOll have any questions, please do not hesitate toeonlact Lisa Barajas, Sector Representative, at 651-602"1895, Congratulations on successfully completing the comprehensive plan update, Phyllis Local Planning Assistance Attachment CC: Rebecca Wooden, Minnesota Department of Natural Resources Steve Johnson, National Park Service Tod Shennan, Development Reviews Coordinator, MnDOT Metro Division Georgeanne Hilker, Metropolitan Council District II Lisa Barajas, Sector Representative! Principal Reviewer Cheryl Olsen, Reviews Coordinator N:\CommDev\LPA\CQmmuflitles\MapJewood\Lettets\\itaplewood 2009 CPU 20628~ l.filltil action. doc J Community Development Committee Environment Committee Committee Report Item: 2009-413 For the Metropolitan Council meeting of December 9, 2009 ADVISORY INFORMATION Subject: City of Maplewood 2030 Comprehensive Plan Update Review File No. 20628-1 Tier II Comprehensive Sewer Plan Proposed Action That the Metropolitan Council adopt the attached Advisory Comments and Review Record and take the following actions: Recommendations of the Community Development Committee: 1. Authorize the City of Maplewood to put its 2030 Comprehensive Plan Update into effect. 2. Advise the City to: a. Implement the advisory comments for Transportation and Mississippi River Critical Area. b. Participate in the Council's activities to monitor redevelopment in developed communities. Recommendation of the Environment Committee: Approve the City of Maplewood's Tier II Comprehensive Sewer Plan. Summary of Committee Discussion I Questions Community Development Committee Senior Planner Lisa Barajas presented the report and proposed actions to the Committee. Council member Wulff inquired about the status of the project in Maplewood that recently received a grant extension. Livable Communities staff indicated that they would check into that status and report back. The Committee unanimously adopted the proposed actions. Environment Committee Motion to approve the City (If Maplewood's Tier II Comprehensive Sewer Plan was made, seconded, and accepted unanimously. i." C E Community Development Committee Meeting date: November 16, 2009 Environment Committee Meeting date: November 10, 2009 Business Item Item: 2009-413 ADVISORY INFORMATION Subject: City of Maplewood 2030 Comprehensive Plan Update Review File No. 20628-1 Tier II Comprehensive Sewer Plan District(s), Member(s): District 11, Council Member Georgeanne Hilker, 651-426-1750 Policy/Legal Reference: Minnesota Statutes Section 473.175 Staff Prepared/Presented: lisaBeth Barajas, Principal Reviewer, 651-602-1895 Phyllis Hanson, Local Planning Assistance Manager, 651-602-1566 Kyle Colvin, Engineering Services Asst. Manager, 651-602-1151 Division/Department: Community Development I Planning & Growth Management Environmental Services I En ineerin Services Proposed Action That the Metropolitan Council adopt the attached Advisory Comments and Review Record and take the following actions: Recommendations of the Community Development Committee: 1. Authorize the City of Maplewood to put its 2030 Comprehensive Plan Update into effect. 2. Advise the City to: a. Implement the advisory comments for Transportation and Mississippi River Critical Area. b. Participate in the Council's activities to monitor redevelopment in developed communities. Recommendation of the Environment Committee: Approve the City of Maplewood's Tier II Comprehensive Sewer Plan. 1 ADVISORY COMMENTS City of Maplewood 2030 Comprehensive Plan Update and Tier II Comprehensive Sewer Plan Review File No. 20628-1 - Council Business Item No. 2009-413 The following Advisory Comments are part of the Council action authorizing the City to implement its 2030 Comprehensive Plan Update ("Update") and approving the City's Tier II Comprehensive Sewer Plan: Community Development Committee 1. The Council-adopted Local Planning Handbook states that the City must take the following steps: a, Adopt the Update in final form after considering the Council's review recommendations; and b. Submit one electronic copy and one hard copy of the Update to the Council. The electronic copy must be organized as one unified document. c. Submit to the Council a copy of the City Council resolution evidencing final approval of the Update. 2. The Council's Handbook also states that local governments must formally adopt their comprehensive plans within nine months after the Council's final action. If the Council has recommended changes, local governments should incorporate those recommended changes into the plan or respond to the Council before "final approval" of the comprehensive plan by the governing body of the local governmental unit. (Minn. Stat. ~ 473.858, subd. 3) 3. Local governmental units must adopt official controls as described in their adopted comprehensive plans and must submit copies of the official controls to the Council within 30 days after official controls are adopted. (Minn. Stat. ~ 473.865, subd. 1) 4. Local governmental units cannot adopt any official controls or fiscal devices that conflict with their comprehensive plans or which permit activities in conflict with the Council's metropolitan system plans (Minn. Stat. 9~ 473.864, subd. 2; 473.865, subd. 2). If official controls conflict with comprehensive plans, the official controls must be amended within nine months following amendments to comprehensive plans (Minn. Stat. ~ 473.865, subd. 3). Environment Committee 1. The Council-approved Tier II Comprehensive Sewer Plan becomes effective only after the Update also receives final approval from the City's governing body. After the Update receives final approval from the City and the Tier II Sewer Plan becomes effective, the City may implement its Update to alter, expand, or improve its sewage disposal system consistent with the Council-approved Tier II Sewer Plan. '2. A copy of the City Council resolution adopting its Update, including the Tier II Sewer Plan, must be submitted to the Council. N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 2 Background The City of Maplewood is located in eastern Ramsey County and is bordered by the City of Vadnais Heights and the City of White Bear Lake to the north, the City of Mahtomedi to the northeast, the City of North St. Paul and the City of Oakdale to the east, the City of Woodbury to the southeast, the City of Newport to the south, the City of St. Paul to the south and southwest, and the City of Roseville and the City of Little Canada to the west. The 2030 Regiona/ Development Framework designates the City as a "Developed" geographic planning area (see Figure 2). The City submitted its 2030 Comprehensive Plan (Update) to the Council for review to meet the Metropolitan Land Planning Act requirements (Minn. Stat. 473.175) and the Council's 2005 System Statement requirements. Rationale 1. Does the proposed Update conform to Regional Systems Plans? 2. Is the Update consistent with Metropolitan Council policies? 3. Is the Update compatible with the plans of adjacent governmental units and plans of affected special districts and school districts? Conformance with Regional Systems Plans: 1. Regional Parks Yes 2. Transportation, including Aviation Yes 3. Water Resources Management Yes (Wastewater Services and Surface Water Management) Consistent with Council Policy Requirements: 1. Forecasts Yes 2. Housing Yes 3. 2030 Regional Development Framework and Land Use Yes 4. Individual Sewage Treatment Systems (ISTS) Program Yes 5. Water Supply Yes Compatible with the Plans of Adjacent Governmental Units and Plans of Affected Special Districts and School Districts 1. Compatible with other plans Yes Funding None. Known Support I Opposition There is no known opposition. N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 3 REVIEW RECORD Review of the City of Maplewood 2030 Comprehensive Plan Update STATUTORY AUTHORITY The Metropolitan Land Planning Act (MLPA) requires local units of government to submit comprehensive plans (plans) and plan amendments to the Council for review and comment (Minn. Stat. 9 473.864, Subd. 2). The Council reviews plans to determine: . Conformance with metropolitan system plans, . Consistency with other adopted Plans of the Council, and . Compatibility with the Plans of other local jurisdictions in the Metropolitan Area. The Council may require a local governmental unit to modify any plan or part thereof if, upon the adoption of findings and a resolution, the Council concludes that the Update is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans (Minn. Stat. 9473.175, Subd. 1). Each local government unit shall adopt a policy plan for the collection, treatment and disposal of sewage for which the local government unit is responsible, coordinated with the Metropolitan Council's plan, and may revise the same as often as it deems necessary. Each such plan shall be submitted to the Council for review and shall be subject to the approval of the Council as to those features affecting the Council's responsibilities as determined by the Council. Any such features disapproved by the Council shall be modified in accordance with the Council's recommendations (Minn. Stat. 9473.513). CONFORMANCE WITH REGIONAL SYSTEMS Regional Parks Reviewer: Jan Youngquist, CD - Regiona/ Parks System Planning, (651-602-1029) The Update conforms to the 2030 Regional Parks Policy Plan. The Update acknowledges the regional park system facilities in the City, which include: Phalen-Keller Regional Park, , Battle Creek Regional Park, Bruce Vento Regional Trail, and Afton Bluffs Regional Trail. The Gateway State Trail, which is managed by the Minnesota Department of Natural Resources, also traverses the City. The Update facilitates long-range planning for Battle Creek Regional Park by guiding the future land use of inholding properties as "Park." Transportation Roads and Transit Reviewer: Ann Braden, MTS - Systems Planning, (651-602-1705) The Update conforms to the 2030 Transportation Policy Plan (TPP), adopted in 2004, and addresses all the applicable transportation and transit requirements of a comprehensive 'plan. The City is served by segments of several principal arterials: 1-94, 1-694, 1-35E, and TH 36, as well as a number of "A" Minor Arterials and collectors. The City is within the Metropolitan Transit Taxing District. The central portion of the City is within Market Area II, with the remaining portion in Market Area III. Service options for Market Area II include regular-route locals, all-day expresses, small vehicle circulators, special needs paratransit (ADA, seniors), and ridesharing. Service options for Market Area III include peak-only express, small vehicle circulators, midday circulators, special needs paratransit (ADA, seniors), and ridesharing. N:\CommDev\LPA\CommunitieslMaplewood\Reports\Maplewood 2009 CPU 20628-1 committee report.doc 4 Advisory Comments The City should be aware that, although the segment of I-35E in the City was identified as an expansion project in the TPP adopted in 2004, the TPP adopted in 2009 indicates that the region will not have sufficient financial resources to build all of these expansion projects by 2030. The plan identifies this segment of I-35E as one of 12 projects that must be reassessed in an attempt to reduce its costs while still achieving substantial capacity expansion benefits. Aviation Rev/ewer: Chauncey Case, MTS - Systems Plann/ng (651-602-1724) The Update conforms to the TPP and is consistent with Council aviation policy. Water Resources Management Wastewater Service Reviewer: Ky/e Colvin, ES Engineering Services, (651-602-1151) The Update conforms to the 2030 Water Resources Management Policy Plan (WRMPP). The Update summarizes the City's vision for the next 20 years or to year 2030. It includes growth forecasts that are consistent with the Council's recommended forecasts for population, households, and employment. Current wastewater treatment services are provided to the City by the Metropolitan Council Environmental Services. Wastewater generated within the City is conveyed to and treated at the Metropolitan Council's Metropolitan Wastewater Treatment Plan located in St. Paul. The City's wastewater conveyance service is provided by multiple Council Interceptors. The Update projects that the City will have 18,150 sewered households and 44,500 sewered employees by 2030. The Metropolitan Disposal System, with its scheduled improvements, has, or will have, adequate capacity to serve the City's growth needs. The Update provides sanitary flow projections in 10-year increments. The rationale for the projections is given in the Update and determined appropriate for planning for local services. The City has been identified as a community impacted by wet weather occurrences. The City is currently on the Council's list of communities having an III reduction goal. The City has committed to mitigating excessive III at levels equal to the Council's surcharge amount. The Update includes a description of a reduction plan, which includes identifying and addressing III issues in the public sanitary sewer system. The current capital improvement plan (CIP) for the City includes activities to address illegal sump pump connections. Tier II Comments The Tier II Sewer Element of the Update has been reviewed against the requirements for Tier II Comprehensive Sewer Plans for Developed communities. It was found to be complete and consistent with Council policies. Upon adoption of the Update by the City, the action of the Council to approve the Tier II Plan becomes effective. At that time, the City may implement its Update to alter, expand, or improve its sewage disposal system consistent with the approved Tier II Sewer Plan. A copy of the City Council resolution adopting the Update needs to be submitted to the Metropolitan Council for its records. Surface Water Management Reviewer: Judy Sventek, ES - Water Resources Assessment, 651-602-1156 The Update conforms to the WRMPP for local surface water management. The City lies within the Ramsey Washington Metro, Valley Branch, and Capitol Region watersheds. The N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 5 Board of Water and Soil Resources (BWSR) approved the Ramsey Washington Metro Watershed District's latest watershed management plan in 2007. BWSR approved the Valley Branch and Capitol Region Watershed Districts' watershed management plans in 2005 and 2000 respectively. The City prepared a Surface Water Management Plan (SWMP) in 2009 that was reviewed under separate cover. A revised SWMP was submitted to the Council in August 2009. The revised SWMP was found to be generally consistent with Council policy and with the Council's WRMPP. CONSISTENCY WITH COUNCIL POLICY forecasts Reviewer: Todd Graham, CD - Research, (651-602-1322) The Update, with supplemental information submitted October 2009, is consistent with regional policy for forecast-related content. In 2007, the Metropolitan Council revised the City's 2030 forecasts upward to 18,150 households and 40,900 population, in conjunction with the Gladstone Area Plan Amendment (Review File No. 18153-3, Business Item 2007-212). These forecasts are used through the Update and shown in Table 1 below. 2010 2020 2030 Table 1. City of Maplewood Forecasts , ~()pulation '" 37lS00__,]!lL5()()m "I-iCl.ll~El~()~ds________________:t.?&()0_____..!:6,65()______ Employment 36,600 41,000 ,,'!Q,900 181150_ 44,500 2030 Regional Development framework and Land Use Reviewer: Usa Barajas, CD - Local Planning Assistance, (651-602-1895) The Update is consistent with the 2030 Regional Development Framework (RDF), which designates the City as a Developed geographic planning area. The RDF directs Developed communities to renew and improve infrastructure, buildings, and land to provide for additional growth, particularly at centers along transit corridors; and to support developments that integrate land uses. Developed communities are also expected to accommodate forecasted residential growth through reinvestment at appropriate densities (5 units plus in developed areas and target higher density in locations with convenient access to transportation corridors and with adequate sewer capacity. The Update establishes goals and objectives to encourage innovative concepts in new development or redevelopment that provide access to a variety of transportation systems, link life-cycle housing to employment and shopping opportunities, and protect natural resources and open space. The Update also describes goals to coordinate land use planning with transportation, encourage attractive commercial and industrial development while limiting its impacts on surrounding uses, and to promote efficient commercial and industrial expansion in the City. The City has identified 1,076 acres of land available for development. Due to the unusual shape of the community with a long, narrow extension to the south and having access to several metropolitan highways in different locations, much of this undeveloped land is scattered throughout the community. The City is guiding 327 acres of this land for Low Density Residential (2.6 to 6.0 units per acre), 324 acres for Medium Density Residential (6.1 to 10,0 units per acre), 134 acres for High Density Residential (10.1 to 25 units per acre), and 95 acres for Mixed Use (6.0 to 31.0 units per acre). The guiding for new N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 6 development and redevelopment between now and 2030 results in a net density of at least 5.4 units per acre, consistent with the Council's policy for sewered residential development in Developed communities (see Table 2 below). T bl 2 0 't C I I t' f 0 t d R d t 2010 2030 . , Density Range Category Min Max Acres Min Units Max Units Low Density Residential Medium Density Residential High Density Residential Mixed Use 2.6 6.1 10.1 6 6 10 25 31 262 258 107 38 681.2 1573.8 1080.7 228 1572 2580 2675 1178 The Update also guides 49 acres for Commercial and Office use. The Commercial guiding is largely concentrated along the U.S. Highway 61 corridor north of the intersection with TH 36, along the Highway 36 corridor, and along the 1-694 corridor in the northern part of the City. The higher density residential land uses are also located in those areas, with scattered pockets of Medium and High Density guiding in the rest of the City. Advisory Comment The City needs to participate in the Council's activities to monitor development and redevelopment in Developed communities. Housing Reviewer: Linda Milashius, CD - Livable Communities, (651-602-1541) The Update fulfills the housing planning requirements of the Metropolitan Land Planning Act. The Update acknowledges the City's share of the region's affordable housing need for 2011-2020, which is 388 units. To provide opportunities to meet this need, the Update indicates that, between 2011 and 2020, approximately 128 acres of land will be available for Medium Density Residential development at 6 to 10 units per acres, and 53 acres are designated for High Density Residential development at 10 to 25 units per acre. The Update provides the implementation tools and programs that the City will use to promote opportunities to address its share of the region's affordable housing need. These include participating in local, state, and federal programs that address Iifecycle and affordable housing needs, and using local financial resources, such as CDBG funds and TIF. The City's HRA will continue to administer rental assistance programs. The City is an active participant in the Local Housing Incentives program of the Livable Communities Act and has applied for and received over $2.2 million in grants through the LCA program. Community and Individual Sewage Treatment Systems (ISTS) Reviewer: Jim Larsen, CD - Local Planning Assistance, (651-602-1159) The Update is consistent with the WRMPP for ISTS. It indicates that there are currently 112 ISTS in operation in the City. The City's ISTS Ordinance and m;lintenance , management program are consistent with MPCA Rules and with Council policy requirements. Water Supply Reviewer: Sara Smith, ES - Water Supply Planning, (651-602-1035) N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 commIttee report. doc 7 The City does not own or operate a water supply system, and therefore is not required to complete a water supply plan as part of its Update. St. Paul Regional Water Services currently supplies water to the City on a retail basis. Resource Protection Historic Preservation Reviewer: Usa Barajas, CD - Local Planning Assistance, (651-602-1895) The Update appropriately addresses historic preservation in the community. The Update contains an "Historical Resources" chapter, which details standards for preservation planning, implementation steps for historic preservation, and goals and objectives. Solar Access Protection Reviewer: Lisa Barajas, CD - Local Planning Assistance, (651-602-1895) The Update contains a section in the Land Use Chapter addressing Solar Access Protection as required by the MLPA. Aggregate Resources Protection Reviewer: Jim Larsen, CD - Locai Planning Assistance, (651-602-1159) The Update contains a section on aggregate resources protection, as required by the MLPA. Consistent with Minnesota Geological Survey Information Circular 46 data, the Update indicates that there are extractable aggregate resource deposits located in the City. However, the City believes that it is unlikely that any of the potentially viable aggregate resources will be extracted because the resources are located in areas that are already generally developed. The City does Indicate that it will explore the feasibility of extraction with any property or business owner that approaches them directly and expresses an interest in such a pursuit. Mississippi River Critical Area Reviewer: Tori Dupre"CD - Local Planning Assistance, (651-602-1621) The Update includes a Critical Area component acknowledging the City's 166-acre Mississippi River Critical Area corridor and its designation as an "Urban Diversified District." The existing Critical Area Plan is consistent with the requirement of the State's Executive Order 79-19 and with the federal Mississippi National River and Recreation Area (MNRRA). The Update proposes no land use or policy changes to the existing Critical Area Plan, which the Metropolitan Council reviewed on December 19, 2001 (Business Item 2001-530). Advisory Comment The Council will forward the Update's review record and the Council's final actions to the Minnesota Department of Natural Resources and the National Park Service for their records. PLAN IMPLEMENTATION Reviewer: Usa Barajas, CD - Local Planning Assistance, (651-602-1895) The Update includes a description of and schedule for any necessary changes to: . Capital Improvement Program Yes . Zoning Code Yes . Subdivision Code Yes . ISTS Code Yes . Housing Implementation Program Yes N:\CommDev\LPA\CommunitieslMaplewood\Reports\Maplewood 2009 CPU 20628-1 committee report.doc 8 The Update contains an Implementation Plan, which describes the official controls and fiscal devices that the City will employ to implement the Update, as well as specific implementation strategies for different chapters of the Update. COMPATIBILITY WITH PLANS OF ADJACENT GOVERNMENTAL UNITS AND PLANS OF AFFECTED SPECIAL DISTRICTS AND SCHOOL DISTRICTS The City submitted it's Update to the adjacent communities, county and affected school districts, affected watershed districts, and other special districts for comment on December 31, 2008. There do not appear to be any conflicts with the plans of adjacent and affected jurisdictions. DOCUMENTS SUBMITTED FOR REVIEW . City of Maplewood 2030 Comprehensive Plan (June 22, 2009) . Revisions to aggregate resource protection, aviation, implementation, land use, parks, and surface water management in response to Council incomplete letter (September 14, 2009) . Revisions to implementation, land use, parks, forecasts, and transportation in response to Council incomplete letter (October 8, 2009) ATTACHMENTS Figure 1: Location Map with Regional Systems Figure 2: 2030 Regional Development Framework Planning Areas Figure 3: Existing and Future Land Use Tables Figure 4: Existing Land Use Figure 5: 2030 Future Land Use N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 9 Figure 1. location Map with Regional Systems City of Maplewood J~:--'!~:lrT -.WI ~.--.---ii+-+; , , '~t:p '-'. .','"j',', -..,., ',.. '. '.- ',". ~. 1:", ,.'..'. --- II..., (---' ~---f--- Jr."".11 , . ,n ~"' ~, t'iHE.NNEJiIN--oj. ,~,<--,..... i!..1-;:"1 I ',,,,, r --I ,.':>--'t"'r MSEY , _ _ _ ,"',qrt'-:i ,Iq: ~\1 I - - -, lo::_-_-......".lr'f... \..1;.:,', . i'V"v----"'.r..~1.-.--.:.1 "'1" (-_: r', EA~EI:i;.t~i 'r.....L_-~_. 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Tn.lnsportttion _ lIterstmes - us Hghwa')S - State HIghways .- CoumyAr>ads 33,544,55~5 MlI.. 6 Regiollii and stae Trails ~ Regional BdSling ~ Regional Planned ~ Regional Proposed Recreifion Ol)en SlmOO _ Park Resene Regional Park Special Recreation feature TLG :Street Centerlines,2007 N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 10 Figure 2. 2030 Regional Development Framework Planning Areas City of Maplewood J------,...-,.--~ .~.~-.~.'i.r~~J:l:'...,' :,',1'.--,-:, i i ~... -",,'-'~'--'j ......- 'JlNuKA' -! . ~...t.... .\0 ~'-'JI.-.,,- <<J! .~ j. , )1 _ ...L,_._\, --- -'~"'-f-'--h',:' l. f , c. 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'-----r'p ,j, ...~,- , '"?r Miles 2030 Framework Planning Areas Agrrcult:ural Area Developed ftlea Developing Area Diversified Rural Non-CQuncil ,Area Rural Center Ruml Residential TLO street Centeriinesj 2007 N:\CommDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report-doc 11 Figure 3. Existing Land Use City of Maplewood h w 00' ~ ~ <0 r:r! !l'g "(jl c:~ Ill:.. en'Y OFM.fU)LE~VOOD 2030 COMl'1lf:flfl'NS1Vfi PIAN Maplewood Existing Land Use 1 1.5 - - Agricultural Farmstead Single Family Detached Single Family AUached Multifamily _ Manufactured Housing Parks 11IIIII Retail and Other Commercral Office 11IIIII Mixed Use Residential _ Mixed Use Industrial _ Mixed Use Commercial and Other Industrial and Utility Institutional Park, Recreational, Of Preserve 11IIIII Golf Course _ Major Highway 11IIIII Railway Undeveloped Water Neighborhoods Augugl '4,200~ N:\COmmDev\LPA\Communities\Maplewood\Reports\Maplewood 2009 CPU 20628-1 committee report. doc 12 Figure 4. 2030 Future Land Use City of Maplewood ;J;' ,,- 0> I; ~. il.~ cO> ~~ m ~ cm'OF,lMPlJ::woon 2030 COMI'llfilfIiNS/W;; NAN Maplewood Future Land Use 1.5 - - Rurall Low Density Residential (0,5 - 1,5 Units per Acre) Low Density Residential (2.6 - 6.0 Units per Acre) Medium Density Residential (6,1 -10,0 Units per Acre) _ High Density Residential (10,1 - 25.0 Units per Acre) _ Mixed Use (6.0 - 31.0 Units per Acre) _ Commercial Industrial _ Government _ Institutional Park Open Space Water Neighborhoods Ju!\ltl.],2ll09 N A N:\CommDev\LPA\Communities\Maplewood\Repofts\Maplewood 2009 CPU 20628-1 committee report.doc 13 Figure S. Existing Land Use and Staging Tables City of Maplewood land Use Table 2.13 . " . existing Land Uli(t,2l106 ,",ACres Percentage Single-Family Residential Parks, Recrealion Undeveloped 5% lriduslrial-Includes Industrial and Utifily, Railway, and Mixed , Use Industrial 529 5% Open Waler 458 4% Major Ciighway 456 4% AgricUltural Tolal 154 11,563 1% 100% sou"": Metropolttan COuncil Table 5.2 X;:;. Future Land Uae, 2008 Units I Net Acre (i: !' 2006- Total C"tty of Maplewood Mill, Max, 2666 2616' ~ 2625 2636 2036 .,.'; RUlaIllow Dens~y Residential 6.5 1.5 276 276..; 276 216. 276 276 6 low-Densilv Residential 2.6 6,6 2,588 2,!\$:3' 2,718 2.783 . 2,848 2,915 327 Medium.Densitv Residential 6.1 16,6 1,932 1,998 2,062 2,126 2;191 2,256 324 High-Dens~y Residential 16,1 25,6 166' 193 220,,,. 246 213,.. 300 134 Mixed-Use 6_6 31.6 25 ~82 161" 126 95 Emp.1 Net Ae1e t 6 Commercial and Office 15 ,1244 1.252"'~ 1273 1,283 1,293 49 Induslrialand Utility 26 .'/'(4!b:,.. 45 45 45 45 0, Pubtic and Semi-Public '; /:.76T; 767 767 767 0, PaIKs, Recreation and ODen Snace ~.D,. >2.166 l06,j>> 2,166 2,168 2,106 6 Undeveloped l,Q!6, /:.1 521 335 147 -929 AgricuRure .... '/: 15.4} 154 154 154 154 154 0, Steep Slopes (18% Dr greaterj;c.j, 'C' .>. 27 27 'll 27 27 27 0, Weliands e;,: 1:.'5f~ ~I 363. 303 303 363 363 363 0, Open water ,'" ""458 458 458 458 458 0, Maior Road Rl ".:..:' ',(',"" :;':.. 456 456 456 456 456 456 0, Total Acrea"" Witl1iilMa iD,j , ....i.. I 11,563 11.563 11,563 11,563 11563 11,563 0, Souro~iM~RA and '-"CO ..... ... N:\CommDev\LPA\Communities\Maplewood\ReportslMaplewood 2009 CPU 20628-1 committee report. doc 14 MEMORANDUM TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Planned Unit Development Ordinance Revision December 28, 2009 INTRODUCTION On December 1, 2009, the planning comrnission reviewed revisions to the conditional use permit/planned unit development (CUP/PUD) ordinance. Staff has made the changes recommended by the planning commission and is resubmitting them for their review and approval. Upon the planning commission's approval staff will forward this ordinance revision to the city council for action. BACKGROUND In the 2008 annual report, the planning commission set several goals for 2009. One was to "review the CUPIPUD ordinance for possible changes." What is a CUP and PUD? The city code defines a conditional use as "a land use or development that would not be appropriate, generally, but rnay be allowed with appropriate conditions or restrictions as provided by official controls." The city code defines a planned unit development as "a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, rnultiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites." A PUD is one form of CUP. According to the ordinance, "the purpose of a CUP is to provide the city with some discretion, based on specific standards, in deterrnining the suitability of conditional uses. The city is not obligated to approve such uses." A CUP and PUD are essentially contracts for development whereby the applicant, property owner or developer must comply with a list of conditions set by the city council, based on the planning commission's recommendations. Examples Sorne examples of developments or uses for which CUPs and PUD are required are: CUP . Motor fuel station . Motor vehicle repair . Utility Company construction projects . Cellular telephone towers . Schools and churches . Libraries . Mining operations . Storage of a heavy commercial vehicle on residential property PUD . Legacy Village mixed use development . Gethsemane Senior Housing . The Shores Senior Housing by Phalen Lake . Numerous town house developments . St. Paul's Monastery housing, monastery and family shelter development . Mogren Retail Addition (Costco, CarMax, etc) DISCUSSION Major Revisions On December 1, the planning commission considered the following revisions to the CUP/PUD ordinance previously proposed by staff: 1. Inclusion of private utilities and alternate power generation methods under the CUP requirements. Section 44-1092 (1) 2. Deletion of the requirement for a CUP for off-street parking as a principal use in commercial and industrial districts. These are noted as "permitted" uses in those districts, which seerns reasonable. Staff recommends requiring a CUP for parking as a principal use in any other district, however. Section 44-1092 (4). 3. Revision of the section which provides for flexibility or deviations from ordinance, This section has at times resulted in confusion as to its intention and application. Must all points be found to be met? Is one enough to justify deviation from the ordinance? Staff did not attempt to change the points of consideration except for the tone in which they are presented. Staff's goal was to say, "Deviation from the code mav be allowed based on consideration of the factors already in the ordinance. This section currently states, "Deviations may be granted for planned unit developments provided that. . . "Staff feels the tone is that all of these factors must be met. That is usually not the case and it often leads to debate as to the intention. Staff is suggesting that these factors be "considered" in the evaluation, but not all of the factors need to be found to be applicable, Section 44-1093 (b). 4. Inclusion of the other city commissions in the CUPIPUD review process as would be applicable. Section 44-1096 (a). 5. Revision of the text to say the planning commission holds the public hearing. This revision will match the current practice. Section 44-1096 (b). 2 6. Revision of the "standards" for approval to state that a CUP may be approved "in consideration" of the nine standards or findings for approval. There has been confusion in the past whether the ordinance requires that some or all of these standards must be applied for approval. By utilizing the term "in consideration," staff feels it irnplies that these points must be considered, but not that !ill..of them must be found to apply in every case. They rnay not all apply in every case. Section 44- 1097(a). 7, Revision to this section is regarding traffic impact. Staff's proposed revision would require that traffic impact be evaluated based on street design capabilities, The purpose of this is to evaluate traffic impact on the design capabilities of the roadway system and not on perceived conditions. Section 44-1097 (a) (5). 8. Revision to the clause, which deals with "grandfathering in" existing uses for clearer wording. This section addresses legal-nonconforming uses and grandfathers them in as long as they stay the same. Any expansion or intensification of use would require a CUP review. The intention has not changed, but the wording is made clearer, In addition, the last sentence of this paragraph should be removed since it simply repeats the first sentence of the paragraph. Section 44-1103 (b). December 1 Plannin!l Commission Direction At the last review, the planning commission directed staff to make certain revisions to the previous draft amendment. These changes are now included in this report for the planning commission's review prior to submittal to the city council. Staff has included the original draft ordinance amendment with the areas of change highlighted for reference. The changes from December 1 are: 1. To revise the first sentence in Section 44-1092 to change "from"to "in" and to drop the last four words reading "and not specifically prohibited." 2. To delete the proposed second sentence in Section 44-1092 (1) which read, "Private utilities shall include power generation facilities by wind turbine, solar collectors and any other alternative power generation source. " 3. To add "or industrial" into Section 44-1092 (4) into the sentence reading "An off- street parking lot as a principal use in a cORlmercial or industrial zoning district other than a commercial or industrial district." 4. To leave in the word "not" in the first line of Section 44-1093 (4). 5. To add reference to recommendations by other advisory committees in addition to the planning commission and community design review board in Section 44-1096 (a). Staff suggests addressing all groups by the wording, "The staff report and the pl:lnning commission's and cOfflRlunity design revie'A' Board's recommendations .Qy all applicable advisory committees shall then be forwarded to the city council." 6. To omit the reference to "future street design" in Section 44-1097 (5). 3 RECOMMENDATION Adopt the attached revisions to the conditional use permitlplanned unit development ordinance and to the definitions of "basic structural alteration," conditional use" and planned unit development." p:1 planning commissionlin service traininglPUD ordinance discussion 12 09 te Attachments: 1. Conditional Use PermiVPlanned Unit Development and Definitions Ordinance Amendments 2. Staff Highlights of December 1, 2009 Planning Commission Revisions 4 Attachment 1 ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. This section revises Article V of the Maplewood Code of Ordinances dealing with conditional use permits and planned unit developments. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ss 36-436) Sec. 44-1092. Conditional uses. The city council may issue conditional use permits for the following uses in any zoning district in from-which they are not permitted and not specifically prohibited: (1) Public and private utilities BtiIity, public service or public building uses, (2) Mining. Refer to the requirements under article IV of this chapter. (3) Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4) An off-street parking lot as a principal use in a commercial or industrial zonin!l district. other than a commercial and industrial district. (5) Part of an apartment building for commercial use, intended for the building's residents, such as drugstore, beauty parlor, barbershop, medical office or similar use, (6) Planned unit developments (PUD). 5 (7) Construction of an outlot. (Code 1982, ss 36-437) Sec. 44-1093. Planned unit developments. (a) A planned unit development (PUD) rnay not be divided unless the density distribution approved in the PUD is ensured. (b) The planninQ commission may consider flexibility from strict code compliance in the internal and external desiQn requirements of a proposed PUD and mav consider deviations from those requirements by first QivinQ consideration to the followinQ factors: It is the intentien of this section and the other sections of this article relating to planned unit de'Jelopments to provide a means to 3110'N flexibility by substantial deviations from this ohapter, including usos, setbacks, height and other regulations. Deviations m3Y be granted f-or plannod unit developments provisod that: 1. Whether the proposed development and the surroundinQ neiQhborhood can be better served by relaxinQ the code requirements that requlate the physical development or layout of the project. It should be considered if cGertain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. Whether t=i=he PUD would be consistent with the spirit, intent and purposes of this chapter. 3. Whether t=i=he planned unit development would produce a developrnent of equal or superior quality to that which would result from strict adherence to this chapter. 4. Whether t=i=he deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or of the environment. 5, Whether t=i=he deviations are required for the reasonable and practical practicable physical development of the proiect and are not required solely for financial reasons. (c) The development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require a recommendation by the planning commission and approval by the city council after a public hearing. (d) Common open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space. The instruments must include all the following protection: 1. Except routine rnaintenance, the city must approve the alteration of any vegetation or topography that is visible from a public water. 6 2. Prohibit the exterior storage of vehicles or other materials. Storage shall not include routine vehicle parking or the temporary storage of materials for an ongoing construction project. 3. If on a public water, prohibit the uncontrolled beaching of watercraft. (e) Owner's association. All planned unit developments with common open space must have an owners' association with the following features: 1, Each lot owner must be a member. 2. Each member must pay a pro rata share of the association's expenses, and unpaid association assessments can becorne liens on units or sites. 3. Association assessments must be adjustable to adapt to changing conditions. 4. The association must be responsible for insurance, taxes and maintenance of all cornmonly owned property and facilities. (f) The city shall designate PUDs on the official city zoning map. (Code 1982, ss 36-438) Sec. 44-1094. Outlots. (a) No building permit shall be issued for construction upon an outlot, except by conditional use perrnit. (b) The city council shall not grant a conditional use permit for building upon any outlot, unless the outlot meets the following conditions: 1. It meets the minimum size and frontage requirements provided for in this chapter, 2. It has the requisite public improvements. 3. The permitted density under this Code has not been transferred to another parcel and is, therefore, sufficient to accommodate the proposed construction. 4. The outlot is not used for permanent common open space. 5, The proposed construction can overcome or accommodate the topographical problems and peculiar site characteristics. (Code 1982, ss 36-439) 7 Sec. 44-1095. Application. (a) An application for a conditional use permit may be made by any person having a legal interest in the property described in the application, All applications shall be submitted to the director of community development upon the form supplied by the city, The director shall not accept an application that is not complete. Specific requirements shall be as stated on this form, but shall include at least the following information, if applicable: (1) All information required on the community design review board application. (2) Written justification for any PUD deviations. (3) An abstractor's certificate showing property owners' names and addresses within 500 3W feet of the boundaries of the property for which the permit is requested. (4) Any other information required by the director of community development, the city councilor the council's advisory bodies, (b) The applicant shall also, at the time of filing such application, pay a fee to the director of cornmunity development to defray administrative expenses incurred by the city in the handling of the application, which fee shall be established by the city council, by ordinance, from time to time, (Code 1982, ss 36-440) Sec. 44-1096. Procedure. (a) After an application for a conditional use permit has been submitted, the director of community development shall prepare a report and recommendation and submit it to the planning commission, afl€I community design review board and any other commission as appropriate, for a recommendation to the city council. The city council planning commission and community dosign rcview board shall take action on the application within 60 days of their r8sl3eGtivc hcarin€l dates, unless an ex1ension is approved in accordance with state statute. writing by the applicant. The staff report and the I3lannin€l cornmission's and community design re':iew board's recommendations by all applicable advisory committees shall then be forwarded to the city council. (b) The planninq commission city council shall hold at least one public hearing on each application for a conditional use permit. This hearin€l shall not bc held until tHe The citv council shall take final action after considerinq the has r8ceivod writtcn recommendations or reports from the city staff, planning commission, afl€I community design review board and other applicable commissions. or until 60 days have elapsed from the resl3ective hearin€l dates. The director of community development shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. The director shall also mail GalISe a notice to bc mailcd to each of the owners of property within 500 3W feet of the boundary Iinos of thc property upon which such use has been requested, 8 which notices are to be mailed to the last ImO'.\ln address of such owners at least ten days before the date of the hearing. Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section. (c) The council may refer the application back to the planning commission when the council finds that specific questions or information that may affect the final decision were not considered by the planning commission. This procedure shall only be used once for each application, (d) The city council may approve, amend or deny an application for a conditional use permit by a majority vote. (e) All decisions by the city council shall be final, except that any person aggrieved by a decision, may within 30 days of the decision, appeal the county district court. (Code 1982, ss 36-441) Sec. 44-1097. Standards. (a) A conditional use permit may be approved, amended or denied in consideration of based on the following standards for approval, in addition to any standards or findinos for a specific conditional use found elsewhere in the Maplewood Code of Ordinances: in this chapter: (1) The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and this Code, (2) The use would not change the existing or planned character of the surrounding area. (3) The use would not depreciate property values. (4) The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances, f6j The use would not neoativelv impact the traffic on any street based the street desion capabilities. l'lenerate only minimal vehicular traffic on local stroets and weuld not create traffic conl'lestion or unsafe access on Olcistinl'l or proposed streets. (6) The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. (7) The use would not create excessive additional costs for public facilities or services. 9 (8) The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. (9) The use would cause minimal adverse environmental effects. (b) The city council may waive any of the requirements in subsection (a) of this section for a public building or utility structure, provided the council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. (c) The applicant shall have the burden of proving that the use would meet all of the standards required for approval of a conditional use permit. The city may require the applicant provide, at his cost, any information, studies or expert testimony necessary to establish whether these standards would be met or to establish conditions for approval. (Code 1982, ~ 36-442) Sec. 44-1098. Conditions. (a) The city council, in granting a conditional use permit, may impose such conditions and guarantees that it considers necessary and as supported by the record of the proceedings to protect adjacent properties and the public interest and to achieve the goals and objectives of the comprehensive plan. (b) Conditions and guarantees may include but are not limited to the following: (1) Controlling the number, area, bulk, height, illumination and location of such uses, (2) Regulating access to the property, with particular reference to vehicle and pedestrian safety and convenience, traffic control and emergency vehicle access. (3) Regulating off-street parking and loading areas, including the nurnber and width of parking spaces. (4) The location and design of utilities including drainage. (5) Berming, fencing, screening and landscaping, including underground sprinkling. (6) Compatibility of appearance with surrounding land uses. (7) Preservation of the site's natural, historic and scenic features in the development design. (8) Limiting the nurnber, size, location or lighting of signage, notwithstanding article III of this chapter which pertains to sign, (9) The location, dimensions and upkeep of open space. 10 (10) Increasing required lot size, yard dimensions or setback requirements. (11) Compliance with any plans presented. (12) A time limit for review of the permit. (13) A written agreement, cash escrow, letter of credit or other guarantee to ensure that the project will be built as approved. (14) Restrictive covenants. (15) Control of the interior and exterior components of a building, provided that such condition does not conflict with the building code. Such components may include but not be limited to the finished exterior materials and installation of elevators. (16) Control of potential noise generators, (Code 1982, S 36-443) Sec. 44-1099. Start of construction or use. The proposed construction must be substantially started or the proposed use utilized within one year of council approval or the conditional use permit shall become null and void. The council may grant up to one one-year extension of the permit if just cause is shown. This requirement shall not apply to PUDs with an approved phasing plan. Such extension shall be requested in writing and filed with the director of community development at least 30 days before the expiration of the original conditional use permit. There shall be no charge for filing such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the conditional use permit. (Code 1982, S 36-444) Sec. 44-1100. Duration. (a) All conditional use permits shall be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision ef ordinanco. At the one-year review, the council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. The council may impose new or additional conditions upon the perrnit at the time of the initial or subsequent reviews, (b) A conditional use permit shall remain in effect as long as the conditions agreed upon are observed, but nothing in this section shall prevent the city from enacting or amending official controls to change the status of conditional uses. Any conditional use that meets the agreed upon conditions and is later allowed because of the city enacting or amending official controls shall be considered a legal nonconforming use. (Code 1982, S 36-445) 11 Sec. 44-1101. Termination, suspension or revision. (a) The council may suspend or terminate the permit if the approved conditions have been violated or the use is no longer in effect. Where the construction of a building or structure of a monetary value in excess of $100,000.00 has been permitted, the council shall provide for a period of amortization of not less than five years, Where public health, safety and welfare concerns are threatened, the five-year amortization period is not required, and the council may determine the amortization period, if any, to be allowed. The owner of the property upon which the conditional use permit was issued shall be notified in writing at least ten days before the meeting. If the proposed terrnination is based on a violation of conditions, the property owners within 500 ~ feet shall also be notified. The director of community development may issue a stop order for work in progress until the council hears the rnatter. (b) The city council may review a permit at any time. If the council decides to consider adding, dropping or changing conditions, the council shall follow the procedures in section 44-1096 for approving a new permit. The council shall not change conditions unless the conditional use no longer meets one of the standards in section 44-1097 for approving a new permit. (Code 1982, S 36-446) Sec. 44-1102. Reapplication. Whenever an application for a conditional use permit has been denied by the city council, a sirnilar application affecting substantially the same property shall not be considered again by the city for at least one year from the date of its denial, unless the council directs such reconsideration by at least four votes. (Code 1982, S 36-447) Sec. 44-1103. Conditional uses to conform to terms and conditions attached to issuance. (a) Any use permitted under the terms of any conditional use permit shall be established and conducted in conformity with the terms and conditions of the permit. f9) Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the conditional use permit shall require an amended permit, and all procedures shall apply as if a new permit were being issued. All uses in existence at the effective date of the ordinance that are now required to have a conditional use permit shall be considered leqal- nonconforminQ and shall be required to have a conditional use permit for any expansion or chanQe in intensity. All uses existing on the effective date of tho ordinanco from '",hich this article derivos shall bo considered as having a conditional use permit which contains conditions that permit tho land uso and structures as they oxisted on such date. Any onlargement, structural altoration, or intonsification of use shall reEluire an amonaea sonaitional use permit as provided for in this SUBsection, (Code 1982, S 36-448) 12 Sec. 44-1104. Records. The director of community development shall maintain a record of all conditional use permits issued, including information on the use, location, conditions imposed by the council, time limits, review dates and other information as may be appropriate, (Code 1982, ~ 36-449) Sec. 44-1105. Filing, A certified copy of any resolution approving a conditional use permit shall be filed with the county recorder or registrar of titles. The resolution shall fl9t include the legal description of the property, Failure to file does not affect the validity or enforceability of the permit. (Code 1982, ~ 36-450) Secs. 44-1106-44-1130. Reserved. Section 2. This section revises the Section 44-6. Definitions. Basic structural alteration means any enlargement of a building or modification to the framinq of a buildinq, whether by extending on any side or by increasing in height. lenqth, width or chanqes caused bv eF the moving of a building from one location to another. Conditional use means a land use or development that would not be appropriate generally, but may be allowed with appropriate conditions or restrictions as provided by the official controls outlined in Article V, Conditional Use Permits, Planned unit developments (PUD) means a type of development characterized by a unified site design, with two or more principal uses or structures. A PUD may include townhouses, apartments, multiple-use structures such as an apartment with commercial shops, or similar projects. Residential PUDs must have at least five dwelling units or dwelling sites. The PUD application, timinq and recordinq process is described under Article V, Conditional Use Permits, Section 3. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper, The Maplewood City Council approved this ordinance revision on Mayor Attest: City Clerk 13 I~)I Attachment 2 f I~J.I jJ;}Jtf G1J M Yl;1 ',S.s ioJ/ ~Q 1/:>: oy) ORDINANCE NO. AN ORDINANCE AMENDING THE CONDITIONAL USE PERMIT AND PLANNED UNIT DEVELOPMENT REQUIREMENTS The Maplewood City Council approves the following additions to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. This section revises Article V of the Maplewood Code of Ordinances dealing with conditional use permits and planned unit developments. ARTICLE V. CONDITIONAL USE PERMITS Sec. 44-1091. Purpose. The purpose of a conditional use permit is to provide the city with some discretion, based on specific standards, in determining the suitability of conditional uses. The city is not obligated to approve such uses. (Code 1982, ss 36-436) Sec. 44-1092. Conditional uses. c.~a tlJ'~' : Jfl ~z- Af, The city council may issue conditional use permits for the following uses in any zoning distric~ which they are not permitted iilRoII'181 !jaw:r;vull) ....' vi ,;bil",j, - 1).1 (1) Public and private utilities 1ffiHty, public service or public building uses. rli,ata Ldtilitiee 819811 iReh::lae "S'ner aeAerstisA feeilities 6, niRa tl::ll bil'l;J, ;:JVIClI .....vllcdul;:) cilia ~R'.' etlger alteFAati'l8 l3eraer €tSAsFstien S8b1fee. (2) Mining. Refer to the requirernents under article IV of this chapter. (3) Library; community center; state-licensed day care or residential program unless exempted by state law; church; hospital and a helistop as an accessory use to a hospital; any institution of any educational, philanthropic or charitable nature; cemetery, crematory or mausoleum. (4) An off-street parking lot as a principal use in a commeroial or industrial zoning district. other than a commercial district. I L I L A JJ diP a r...,S1''f'"':'4l'- (5) Part of an apartrnent building for commercial use, intended for the building's residents, such as drugstore, beauty parlor, barbershop, medical office or similar use. 4 (6) Planned unit developments (PUD). (7) Construction of an outlot. (Code 1982, ss 36-437) Sec. 44-1093. Planned unit developments. (a) A planned unit development (PUD) may not be divided unless the density distribution approved in the PUD is ensured, (b) The planninq commission may consider flexibility from strict code compliance in the internal and external desiqn requirements of a proposed PUD and may consider deviations frorn those requirements bv first qivinq consideration to the followinq factors: It is thc intcntion of this €:ection am:! the other sections of thi€: article relating to planned unit de'/elopments to pro'lido a mcans to allow flexibility by €:ubstantial deviations from this chapter, including uscs, setbacks, height and other regulations. Deviation€: may bo grantod for planned unit development€: provided that: 1. Whether the preposed development and the surroundinq neiqhborhood can be better served by relaxinq the code requirements that requlate the phvsical development or lavout of the proiect. It should be considered if cGertain regulations contained in this chapter should not apply to the propo€:ed devclopmcnt because of its unique nature. 2, Whether t+he PUD would be consistent with the spirit. intent and purposes of this chapter. 3. Whether t+he planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to this chapter. ~y ~/e.~ve- 1JJ 4. Whether t+he deviations would oot constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land or of the environment. 5. Whether t+he deviations are required for the reasonable and practical practicablc physical development of the proiect and am not requimd €:olely for financial masons. (c) The development shall conform to the plans and specifications as filed with the city. Any substantive changes in the plans and specifications shall require a recommendation by the planning commission and approval by the city council after a public hearing, (d) Cornmon open space. The developer shall provide deed restrictions, covenants, easements, public dedication or other equally effective and permanent means to preserve and maintain any common open space, The instruments rnust include all the following protection: 5 Sec, 44-1095. Application. (a) An application for a conditional use permit may be made by any person having a legal interest in the property described in the application. All applications shall be subrnitted to the director of community development upon the forrn supplied by the city. The director shall not accept an application that is not complete. Specific requirements shall be as stated on this form, but shall include at least the following information, if applicable: (1) All information required on the community design review board application. (2) Written justification for any PUD deviations. (3) An abstractor's certificate showing property owners' names and addresses within 500 ~ feet of the boundaries of the property for which the permit is requested. (4) Any other information required by the director of community development, the city councilor the council's advisory bodies. (b) The applicant shall also, at the time of filing such application, pay a fee to the director of community development to defray adrninistrative expenses incurred by the city in the handling of the application, which fee shall be established by the city council, by ordinance, from time to time. (Code 1982, ss 36-440) Sec. 44-1096. Procedure. ~? (a) After an application for a conditional use permit has been submitted, the director of community development shall prepare a report and recommendation and submit it to the planning commission, aM community design review board and any other commission as appropriate, for a recommendation to the city council. The city council planning commission and cornmunity sesign review boars shall take action on the application within 60 days of their resl'leGtive hcaring dates, unless an extension is approved in accordance with state statute. writin!l by the ::tpplic::mt. The staff report and the ~laRRil.~ o.Q..."..;.:.....;...II.~ Qlla ..........".Il.....,,;tJ aS8i~1. _ .~,;~" Dua,a " recommendation~shall then be forwarded to the city council. ""7 -a.JI a~yohc.llb)e ~v:So,,/ ~h'\l',,:+le4d (b) The planninq commission ci 'council shall hold at least one public hearing on each application for a conditional use permit. This hcaring shall not be hols until #le The citv council shall take final action after considerinq the has receivcd 'flrittcn recommendations or reports from the city staff, planning commission, aM community design review board and other applicable commissions. or until eO says have elapsod from the rcsl'leGtive hearing dales. The director of community development shall have a notice of the hearing published in the official newspaper at least ten days before the hearing. The director shall also mail 6ClliSe a notice to be mailed to each of the owners of property within 500 ~ feet of the boundary lines of tho property upon which such use has been requested, which noticcs are to be mailed to the last kno'tm adsrcss of such owners at least 7 ten days before the date of the hearing, Such notice shall include the date, time and place of the hearing and shall describe the conditional use request. Failure of property owners to receive notice shall not invalidate any of the proceedings in this section, (c) The council may refer the application back to the planning commission when the council finds that specific questions or infonmation that may affect the final decision were not considered by the planning commission, This procedure shall only be used once for each application. (d) The city council may approve, amend or deny an application for a conditional use permit by a majority vote. (e) All decisions by the city council shall be final, except that any person aggrieved by a decision, may within 30 days of the decision, appeal the county district court. (Code 1982, ss 36-441) Sec. 44-1097. Standards. (a) A conditional use permit may be approved, amended or denied in consideration of sased on the following standards for approval, in addition to any standards or findinQs for a specific conditional use found elsewhere in the Maplewood Code of Ordinances: in this chapter: (1) The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and this Code. (2) The use would not change the existing or planned character of the surrounding area. (3) The use would not depreciate property values. .:t+~ (4) The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances. -I-~e.. S+ree f fa} The use would not neQativelv impact the traffic on any street based on tl1w~ _ rJ_d"Q'~ ~~Frel ~ .:" Uu,':' desiQn capabilities. generate only minimal vehicular traffiG on 10Gal streets ans wouls not Greate traffiG congestion or unsaiD aGcess on existing or proposes streets. (6) The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. (7) The use would not create excessive additional costs for public facilities or services. 8 MEMORANDUM I i TO: FROM: SUBJECT: DATE: James Antonen, City Manager Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Rules of Procedure-Annual Review Decernber 22, 2009 I :1 INTRODUCTION I I 'I ,-.1 I i I Request The planning commission's Rules of Procedure require the annual review of the Rules at the first meeting of January each year. Staff has attached them for the planning commission's review. BACKGROUND In 2009, the planning commission reviewed the Rules twice: On January 20, 2009, they revised the notification deadline for scheduling a special meeting from 48 hours to 72 hours in accordance to state statute. On October 20, 2009 they reviewed the change in what parliamentary procedure to follow. This was a change from Robert's Rules of Order to Rosenberg's Rules of Order. This change was the result of the city council's adoption of the new Commissioner Handbook which stated that Rosenberg's Rules of Order shall be followed. DISCUSSION Staff is not recommending any revisions to the Rules of Procedure since the Rules have recently been reviewed by the planning commission, RECOMMENDATION If the planning commission wishes to revise the Rules, please advise staff of any changes you would like made. Staff will then forward the revisions to the city council. p:Planning Commission\PC Rules\201 0 annual review of PC Rules 12 09 te Attachment: 1. Planning Commission Rules of Procedure Attachment 1 PLANNING COMMISSION RULES OF PROCEDURE Original adopted by the Planning Commission on February 21, 1983 Revised by the Planning Commission on January 20, 2009 Revised by the Planning Commission on October 29, 2009 We, the members of the Planning Commission of the City of Maplewood, Minnesota, created pursuant to Chapter 2, as amended, of the Maplewood Code of Ordinances, do hereby accept the following Rules of Procedure, subject to the provisions of said ordinances, which are hereby made a part of these rules: A. MEETINGS 1. All meetings shall be held in City Hall unless otherwise directed by the chairperson, in which case at least 24 hours notice will be given to all members. 2. Regular meetings shall be held at 7 p.m. on the first and third Tuesdays of each month, If a regular meeting falls on a legal holiday, such meeting shall be rescheduled as a special meeting, if needed, 3. Special meetings shall be held upon call by the chairperson, or in his or her absence, by the vice chairperson, or by any other member with the concurrence of five other members of the Commission. At least 72 hours notice shall be given to all members for special meetings. B. QUORUM 1. A simple majority of the current membership of the Commission shall constitute a quorum. 2. Any member having a conflict of interest shall declare the same before discussion of the item in which he or she has a conflict. Any member who abstains from voting on a question because of possible conflict of interest shall not be considered a member of the Commission for determining a quorurn for the consideration of that issue. 3. Approval of any motion shall require the affirmative vote of a majority of the members present. C. DUTIES OF CHAIRPERSON In addition to the duties prescribed in Section 2-249 of the Code of Ordinances, the chairperson shall appoint such standing committees and temporary committees as are required, and such cornmiUees will be charged with the duties, examinations, investigations, and inquiries about the subjects assigned by the chairperson, No standing or temporary committee shall have the power to commit the Cornmission to the endorsement of any plan or program without its submission to the full Commission. D. ELECTION OF OFFICERS 1. A chairperson and vice chairperson shall be elected at the first planning commission meeting in June, and will serve until their successors have been elected. 2. In the absence of the chairperson, the vice chairperson shall perform all duties required of the chairperson. When both the chairperson and the vice chairperson are absent, the attending members shall elect a chairperson pro tem. 3. If the chairperson resigns from or is otherwise no longer on the planning commission, the vice chairperson shall become the acting chairperson until the planning commission can hold an election for new officers, If the vice chairperson resigns or is otherwise no longer on the planning commission, the planning commission will elect a new vice chairperson at the next possible planning commission meeting. E. REPRESENTATION AT COUNCIL MEETINGS A representative from the Commission shall appear at each Council meeting, where a planning item is on the agenda, to present the Commission's recommendation and to answer questions from the City Council regarding the decision, The Commission shall adopt a rotating schedule of its rnembers at the first meeting of each year to attend these meetings. F. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT In addition to carrying out the duties prescribed in Section 2-254 of the Code of Ordinances, the Community Development and Parks Department staff shall: 1. Prepare the agenda and minutes for each meeting of the Commission. 2. Act as technical advisor to the Commission. 3. Present written alternatives and make recommendations on matters referred to the Commission. 4. Maintain a record of all agenda items from application to final action by the City Council. G. AGENDA 1. Copies of the agenda, together with pertinent planning office reports and copies of the minutes of the previous meeting shall be distributed so that the rnembers of the Commission shall have a copy at least three days prior to the meeting concerned. 2. The agenda shall consist of the following order of business: a. Call to Order b. Roll Call c. Approval of Agenda d. Approval of Minutes e. Public Hearings f. New Business g. Unfinished Business h. Visitor Presentations I. Commission Presentations j. Staff Presentations k. Adjournment 3. No item that is not on the agenda shall be considered by the Commission. H. Except as herein provided, Rosenberg's Rules otOrder shall be accepted as the authority on parliamentary practice. I. Amendments to the comprehensive plan shall require that the Planning Commission follow the same procedure for hearings and notices as required by State law for zoning ordinances. J. APPOINTMENTS The City Council shall make all appointments to the Planning Commission by following the current city appointment policy. K. AMENDMENT 1. Any of these rules may be temporarily suspended by the vote of two-thirds majority of the rnembers present. 2. These Rules of Procedure may be amended at any regular meeting of the Commission by a majority vote of the entire membership and submitted to the City Council for approval. L. These "Rules of Procedure" shall be reviewed by the Planning Commission at the first meeting of each year. p:lcommdvptlpclpcrules\2010 annual review of PC Rules 12 09 Ie 2